Form .1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7357
SECOND DIVISION Docket No. 7278
2-LI-EW-'77
The Second Division consisted of the regular members and in
addition Referee.Herb¢rt L. Marx, ,Jr~. when award was rendered.
( System Federation
NA.
156, Railway Employes'
( Department, A. F. of L. -. C. I. 0.
Partieswto Dispute: ( (Electrical Workers)
( The Long Island Rail Road Company
Dispute: Claim, of EmploZes:
1. That the Carrier violated the current agreement vheri they denied
the payment of Electrician, Truck Driver's hourly rate of pay to
Electrician Helper Dennis Giordano on July
18, 1975
when.the
Carrier by direct order assigned him to drive vehicle number VO(SE.
2. That, accordingly, the Long Island Rail Road Company be ordered to
compensate Dennis Giordano eight (8) hours pay difference between
the Electrician Helper's rate and that of an Electrician Truck
Driver.
Findings::
The Second Division of the Adjustment Board,
upon
the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21;
1934.._ ,
This Division o f the: Adjustment Board has jurisdiction,ouer the dispute
involved herein.
.. : _ . ..._. ,
Parties to said dispute were given due notice of hearing thereon.
This matter concerns the assignment of an Electrician's Helper to the
driving of a truck normally operated by an Electrician Truck Driver and a
claim for pay at Electrician's rate.
Rule 11 of the applicable agreement states in part:
"When an employe is required to temporarily fill the place of
another employe covered by these rules who receives a higher
rate of pay, he shall receive the higher rate..."
Form 1 Award No. 7357
Docket No. 7278
Page 2 P-LI-EW-177
When ark employe is required to perform one function of a higher paying
position, and especially when such function does not encompass the range of
skill and experience normally associated with the position, it cannot be
said that the employe is "filling the place of" the higher .paid employe.
Put more simply and specifically, driving a truck sloes not make an
Electrician Helper into an Electrician. Further, the record shows that
driving a truck is not confined solely to the Electrician position.
A
1962
agreement referred to by the Organization which
concerns premium
pay for driving a truck, now no longer in effect, is not
applicable,
since
the claim in any case is for Electricians' pay itself and not for the now
defunct premium.
Having thus found, this Board need not address itself to the point made
by the Carrier alleging the claim has been progressed for the wrong claimant.
A W A R D
Claim denied.
NATIOidAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board `
7Y
o emarie Brasch - Administrative Assistant
Dated Chicago, Illinois, this 23rd day of September, 1977.